A recently established law school constructed its building in a quiet residential neighborhood. The law school had obtained all of the necessary municipal permits for the construction of the building, which included a large clock tower whose clock chimed every hour. The chimes disturbed only one homeowner in the neighborhood, who had purchased her house prior to the construction of the building. The homeowner was abnormally sensitive to ringing sounds, such as bells and sirens, and found the chimes to be extremely annoying.

Required:
In a nuisance action by the homeowner against the law school, will the homeowner prevail?

Respuesta :

In a nuisance action by the homeowner against the law school, the homeowner will not prevail because the chimes do not disturb the other residents of the neighborhood.

What is a residential area?

A residential area refers to the place where there are residents or citizens living. This area will be utilized for living purposes, not business purposes. In this area there will be no manufacturing units will be established.

In this situation when the construction of the law school has been done, it clearly mentioned that they took all the required permission from the municipal authority. It shows that they have not violated any rules for construction.

The chimes disturbed only one homeowner which means that it was medical conditions due to which he get disturbed as others do not have any problem with the chimes.

In this situation the court will not prevail the case as the law school fulfilled all the requirements of construction, as well as homeowner, was sensitive to sounds so he can take treatment for the same.

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